UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 30, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0035/AF. U.S. v. George L. Lull. CCA 39555.

No. 21-0036/AR. U.S. v. Brandon J. Audia. CCA 20190739.

No. 21-0038/AR. U.S. v. Antonio Chavez. CCA 20190592.

No. 21-0039/AF. U.S. v. James P. Ward. CCA 39648.

 

Miscellaneous Docket - Filing

 

No. 21-0037/AR. In re Richard J. Ramsey. CCA 20190001. Notice is given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.

 

Order Granting Petition for Review

 

No. 20-0345/AR. U.S. v. Jacob L. Brubaker-Escobar. CCA 20190618. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following personally asserted issue:

 

WHETHER THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE AS A RESULT OF THE STAFF JUDGE ADVOCATE'S ERRONEOUS ADVICE DEPRIVED THE ARMY COURT OF JURISDICTION UNDER ARTICLE 66, UCMJ.

 

Briefs will be filed under Rule 25.

 

Interlocutory Orders

 

No. 21-0018/AF. U.S. v. Damon P. Linck. CCA 39627. Appellant's supplemental motion for leave to examine sealed materials is granted.

 

No. 21-0031/AF. U.S. v. Joshua Shears. CCA S32577. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 19, 2020.

 

No. 21-0034/MC. U.S. v. William J. Scott. CCA 201900076. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 19, 2020.

 

No. 21-0035/AF. U.S. v. George L. Lull. CCA 39555. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 19, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 29, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0032/AR. U.S. v. Kenyatta A. Chapman. CCA 20200378.

No. 21-0033/AR. U.S. v. Dylan C. Meche. CCA 20200265.

No. 21-0034/MC. U.S. v. William J. Scott. CCA 201900076.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 28, 2020

 

Petition for Grant of Review Filed

 

No. 21-0031/AF. U.S. v. Joshua Shears. CCA S32577.

 

Petition for Grant of Review - Summary Disposition

 

No. 20-0301/MC. U.S. v. Guillermo Cabrera. CCA 201800327. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, the motion to remand for factfinding, and the motion to supplement the record, it is ordered that said petition is granted on the following issues:

 

AFTER GOVERNMENT DISCOVERY VIOLATIONS RESULTED IN A MISTRIAL, WAS APPELLANT'S SECOND TRIAL PROHIBITED BY RULE FOR COURTS-MARTIAL 915(c)(2)(A) AND THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT?

 

DID LTCOL KASPRZYK'S SUBSTANTIVE PARTICIPATION IN APPELLANT'S CASE WHILE SIMULTANEOUSLY ALLEGEDLY APPLYING FOR EMPLOYMENT TO SERVE AS THE PROSECUTION'S EXPERT ADVISOR UNDERMINE THE PUBLIC'S CONFIDENCE IN THE JUDICIAL PROCESS?

 

WERE THE TRIAL AND APPELLATE DEFENSE COUNSEL INEFFECTIVE WHERE THEY FAILED TO FILE A MOTION TO COMPEL THE GOVERNMENT TO PRODUCE REQUESTED DISCOVERY REGARDING LTCOL KASPRZYK'S ALLEGED CONFLICT OF INTEREST AND FAILED TO RAISE THE ISSUE ON APPEAL?

 

That the motion to remand for factfinding is granted in part as noted below, that the motion to supplement the record is granted, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is set aside. The record of trial is returned to the Judge Advocate General of the Navy for remand to that court for further appellate inquiry of the granted issues. The Court of Criminal Appeals will obtain affidavits from the trial defense counsel (military and civilian) and initial appellate defense counsel (military and civilian) that respond to Appellant's allegation of ineffective assistance of counsel. Under Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. 866(c) (2012), the Court of Criminal Appeals shall review the granted issues in light of the affidavits and any other relevant matters. See United States v. Ginn, 47 M.J. 236 (C.A.A.F. 1997). If the court determines that a factfinding hearing is necessary to resolve any of the granted issues, that court shall order a hearing pursuant to United States v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967). Once the necessary information is obtained, the court will complete its Article 66(c), UCMJ, review. Thereafter, Article 67, UCMJ, 10 U.S.C. 867 (2012), shall apply.

 

Hearings

 

No. 20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416.

No. 20-0342/AR. U.S. v. Dashaun K. Henry. CCA 20190688.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 27, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0029/AR. U. S. v. Robert L. Worsham. CCA 20180552.

No. 21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642.

 

Petition for Grant of Review Denied

 

No. 20-0344/AF. U.S. v. Kahlil J. Jones. CCA 39543.

 

Hearings

 

No. 19-0449/AF. U.S. v. Ladarion D. Stanton. CCA 39161.

No. 20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390.

No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 26, 2020

 

Interlocutory Orders

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. Appellee's second motion to extend time to file a brief is granted to November 18, 2020.

 

No. 20-0252/AF. U.S. v. Rodney M. Tyler. CCA 39572. On further consideration of the granted issue, the record of trial, Appellant's brief, and the matters submitted in the Joint Appendix, a transcription of the following exhibit is required for the Court's consideration of the granted issue:

 

One (1) disc containing an audio/video recorded interview of M.L. conducted on March 10, 2017. The DVD is labeled Prosecution Exhibit 3.

 

Accordingly, it is ordered that the government produce a transcription of the matters contained in the exhibit identified above, and that the transcription be filed with this Court on or before the 23rd day of November, 2020.

 

No. 21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2020.

 

No. 21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 16, 2020. Appellee shall file an answer no later than 10 days after the filing of Appellant's supplement.

 

No. 21-0027/AR. U.S. v. Erick C. Black. CCA 20180683. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 16, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 23, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02.

No. 21-0026/AR. U.S. v. Kyrell J. Stewart. CCA 20190829.

No. 21-0027/AR. U.S. v. Erick C. Black. CCA 20180683.

No. 21-0028/AR. U.S. v. John A. Grabowski. CCA 20180705.

 

Petitions for Grant of Review Denied

 

No. 20-0272/AF. U.S. v. Camen J. Scilluffo. CCA 39539.

No. 20-0369/AR. U.S. v. Noah C. Davis. CCA 20200061.

No. 20-0377/AR. U.S. v. Justin S. McKinnon. CCA 20190818.

No. 20-0378/AR. U. S. v. Anthony R. Wetmore. CCA 20190521.

No. 20-0379/NA. U. S. v. Lucas R. Passa. CCA 202000041.

No. 20-0380/AR. U.S. v. Riggie S. Escomiendo. CCA 20190665.

 

Petition for New Trial - Summary Disposition

 

No. 20-0328/AF. Camen J. Scilluffo, Petitioner v. United States, Respondent. CCA 39539. On consideration of the petition for new trial, it is ordered that the petition is denied.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 22, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0021/AR. U.S. v. Brandon T.X. States. CCA 20190191.

No. 21-0022/AR. U.S. v. Justin D. Golden. CCA 20190695.

No. 21-0023/AR. U.S. v. Carlos Solis-Rodriguez. CCA 20190796.

No. 21-0024/AR. U.S. v. Sherry L. Echelberger. CCA 20190740.

 

Interlocutory Orders

 

No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to extend time to file a reply brief is granted to November 3, 2020.

 

No. 21-0018/AF. U.S. v. Damon P. Linck. CCA 39627. Appellant's motion for leave to examine sealed materials is granted.

 

No. 21-0018/AF. U.S. v. Damon P. Linck. CCA 39627. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 12, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 21, 2020

 

Petition for Grant of Review Filed

 

No. 21-0020/AR. U.S. v. Ryan M. McEntee. CCA 20200132.

 

Interlocutory Order

 

No. 20-0217/NA. United States, Appellee/Cross-Appellant v. Stephen A. Begani, Appellant/Cross-Appellee. CCA 201800082. On consideration of Appellee/Cross-Appellant's second motion to extend time to file a brief, it is ordered that the motion is granted, up to and including to November 4, 2020, and that absent extraordinary circumstances, no further extension of time will be granted in this case.

 

Mandate Issued

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 20, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408.

No. 21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.

No. 21-0019/AR. U.S. v. Patrick J. Roehrs. CCA 20190807.

 

Petitions for Grant of Review Denied

 

No. 20-0360/AF. U.S v. Steven A. McDaniel, Jr. CCA 39608.

No. 20-0370/AR. U.S. v. Ricky L. Olivo. CCA 20190252.

No. 20-0374/AR. U.S. v. Dautrail T. Peppers. CCA 20190545.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 19, 2020

 

Interlocutory Order

 

No. 20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's motion for leave to file matter pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 16, 2020

 

Petition for Grant of Review Filed

 

No. 21-0016/AR. U.S. v. Charlie S. Garcia. CCA 20200042.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 15, 2020

 

Petitions for Grant of Review Denied

 

No. 20-0329/AF. U.S. v. Derek J. McInnis. CCA 39576.

No. 20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355.

No. 20-0361/AR. U.S. v. Luis L. Avalos. CCA 20190655.

No. 20-0365/AF. U.S. v. Derek R. Rita. CCA 39614.

 

Interlocutory Order

 

No. 21-0014/AF. U.S. v. David R. Kane. CCA 39590. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 4, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 14, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0013/AR. U.S. v. Brett A. Robbins. CCA 20190786.

No. 21-0014/AF. U.S. v. David R. Kane. CCA 39590.

 

Miscellaneous Docket - Filing

 

No. 21-0015/AR. Nidal M. Hasan, Petitioner v. United States Army Court of Criminal Appeals, Respondent and United States, Real Party In Interest. CCA 20130781. Notice is given that a petition for extraordinary relief in the nature of a writ of mandamus and brief in support were filed under Rule 27(a), on this date.

 

Interlocutory Orders

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. On consideration of the motion on behalf of Law Professors for leave to file a brief as amicus curiae, filed on September 25, 2020, it is ordered that the motion is granted.

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. Appellee's motion to file an amended answer to Appellant's motion to supplement the record is granted.

 

No. 21-0010/AF. U.S. v. Nicholas A. Matichuk. CCA S32611. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 3, 2020.

 

No. 21-0012/AF. U.S. v. Antonio V. Simon. CCA S32569. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to November 3, 2020.

 

Petition for Reconsideration Denied

 

No. 19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. On consideration of Appellant's petition for reconsideration of the Court's decision, United States v. Bergdahl, __ M.J. __ (C.A.A.F. 2020), and motion to supplement the record, it is ordered that the motion and the petition for reconsideration are denied without prejudice to Appellant's right to file a writ of error coram nobis with the appropriate court.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 13, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0011/AR. U.S. v. Anthony R. Clark II. CCA 20160304.

No. 21-0012/AF. U.S. v. Antonio V. Simon. CCA S32569.

 

Interlocutory Order

 

No. 20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191. Appellee's motion to supplement the joint appendix is granted.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 9, 2020

 

Petition for Grant of Review Filed

 

No. 21-0010/AF. U.S. v. Nicholas A. Matichuk. CCA S32611.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 8, 2020

 

Petitions for Grant of Review Filed

 

No. 21-0007/AR. U.S. v. Malik A. Smith. CCA 20190563.

No. 21-0008/AR. U.S. v. Keith B. Hill. CCA 20190780.

No. 21-0009/AR. U.S. v. Donovan L. Pearman. CCA 20200200.

 

Interlocutory Orders

 

No. 20-0371/AR. U.S. v. Willie F. Warrens, Jr. CCA 20190126. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 14, 2020.

 

No. 20-0373/AR. U.S. v. Mychal E. Garcia. CCA 20180146. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 27, 2020.

 

No. 21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 28, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Wednesday, October 7, 2020

 

Petition for Grant of Review Filed

 

No. 21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913.

 

Petition for Grant of Review Denied

 

No. 20-0186/NA. U.S. v. Jeffrey D. Pittman. CCA 201800211.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Tuesday, October 6, 2020

 

Petition for Grant of Review Filed

 

No. 21-0005/AR. U.S. v. Alejandro Rufino-Gonzalez. CCA 20200152.

 

Miscellaneous Docket - Summary Disposition

 

No. 20-0372/AF. Paul D. Voorhees, Petitioner v. United States, Respondent. CCA 38836. On consideration of the petition for extraordinary relief in the nature of a writ of error coram nobis, it is ordered that the petition is denied.

 

Interlocutory Orders

 

No. 20-0186/NA. U.S. v. Jeffrey D. Pittman. CCA 201800211. Appellant's motion to supplement the record is denied.

 

No. 20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. Appellee's motion to extend time to file a brief is granted to November 4, 2020.

 

No. 20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 15, 2020.

 

No. 21-0002/AR. U.S. v. Danny E. Stanley. CCA 20190034. Appellant's second motion to extend time to file the supplement to the petition for grant of review is granted to October 15, 2020.

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 26, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Monday, October 5, 2020

 

Petition for Grant of Review Filed

 

No. 21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Friday, October 2, 2020

 

Petition for Grant of Review Filed

 

No. 21-0002/AR. U.S. v. Danny E. Stanley. CCA 20190034.

 

Petitions for Grant of Review Denied

 

No. 20-0335/NA. U.S. v. Damon X. Hedgecock. CCA 201800333.

No. 20-0349/AR. U.S. v. Jose E. Sotomayor-Acevedo. CCA 20180618.

 

Miscellaneous Docket - Filing

 

No. 21-0003/AR. Nidal M. Hasan, Petitioner v. United States Army Court of Criminal Appeals, Respondent and United States, Real Party In Interest. CCA 20200436. Notice is given that a petition for extraordinary relief in the nature of writ of prohibition and brief were filed under Rule 27(a) on this date.

 

Interlocutory Order

 

No. 21-0001/AF. U.S. v. Yogendra Rambharose. CCA 38769. Appellant's motion to extend time to file the supplement to the petition for grant of review is granted to October 22, 2020.




UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

DAILY JOURNAL

Thursday, October 1, 2020

 

Petition for Grant of Review Filed

 

No. 21-0001/AF. U.S. v. Yogendra Rambharose. CCA 38769.

 

Order Granting Petition for Review

 

No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue:

 

WHETHER THE EVIDENCE THAT APPELLANT ASKED FOR "NAKED PICTURES" FROM ADULTS PRETENDING TO BE MINORS IS LEGALLY SUFFICIENT TO SUSTAIN A CONVICTION FOR ATTEMPTED RECEIPT OF CHILD PORNOGRAPHY.

 

Briefs will be filed under Rule 25.



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